Terms of sale

1. Purpose

Horse Performance Tracker (“the service”) is published by CraftData SASU (“the publisher”). These terms and conditions of sale govern the sale of the subscriptions and credit packs offered from the website.

They apply to every order placed on the website. You accept them before you pay, and the version you accepted at that moment is the one that governs your order.

The full details of the publisher are in the legal notice. You can write to the publisher at contact@horseperformancetracker.com.

2. How these terms relate to the terms of use

The terms of use govern access to the service and its use: your account, your content, AI assistance, sharing, availability, the legal guarantee, and the suspension or deletion of your account. They are part of the contract: by ordering, you accept them too.

These terms cover only the purchase. On a point of purchase, they prevail; on everything else, the terms of use do.

3. Who can order

Ordering is open to adults only. For a minor, the order is placed by a holder of parental authority, who accepts these terms and pays for the order.

Opening an account has its own age rule, set out in the terms of use.

The publisher applies the protective consumer regime — withdrawal, renewal, mediation — to every order, without checking who the buyer is. A professional buyer therefore gets it as well.

4. The plans

Two products are sold from the website: the subscription, and AI credit packs.

A subscription is set on two axes: how many horses you want to track, and the AI option. Tracking one horse without AI assistance is free; beyond that, each additional horse costs less than the one before, and the same goes for the AI option supplement. The horse limit you can subscribe to is twenty.

A credit pack grants, once and for all, the number of credits it states. It has no duration, no due date and no renewal.

Plan details and current amounts are on the Pricing page and in the order summary. What each plan opens in the service is described in the terms of use.

5. Prices

Prices are shown with all taxes included: the amount you see is the amount you pay. The value added tax that applies is derived from it and appears on the invoice.

The price that applies is the one shown in the order summary when you order, in the currency stated there.

A later change to the price list does not apply to a subscription already taken out: see the article on duration and renewal.

6. Your order and how the contract is formed

Before you pay, the payment screen shows an order summary: the product and what it includes, the price with all taxes included, the billing period, the renewal and the cancellation terms.

You then tick three separate boxes, none of which is pre-ticked:

• accepting these terms, which is required;
• expressly requesting immediate performance of your order, before the end of the fourteen-day withdrawal period. This is required, because the service opens as soon as your payment is taken;
• waiving your right of withdrawal, which is free: you can order without ticking it, and what it changes is set out in the article on withdrawal.

You confirm with the “Order and pay” button, whose wording says that it commits you to pay.

The contract is formed when the payment is taken. Until then — while a direct debit mandate is being confirmed, for instance — nothing is open and nothing is owed to you.

The version of these terms you accepted, the date and the boxes you ticked are kept: that is what makes your consent verifiable, including by you.

7. Payment

Payment is handled by Mollie, the publisher’s payment service provider, by SEPA direct debit or by card.

Your banking details are entered with Mollie. The publisher neither receives nor stores any of them.

For a subscription, each due date is charged automatically to the payment method on file. If a renewal doesn’t go through, you are told by email and asked to update your payment method; failing that, the subscription is not renewed.

8. Your invoice

An invoice is issued for every payment by Mollie, in the publisher’s name, and sent to you by email at your account address.

Keep it: it is your proof of purchase. The publisher keeps billing records for ten years, as the law requires, and can send your invoice to you again on request at contact@horseperformancetracker.com.

Your billing details — name, address, country, and your EU VAT number if you have one — are asked for at your first purchase. They must be accurate: they appear on the invoice.

9. Duration, renewal and the price of your subscription

A subscription runs for one month or one year, depending on the billing period you chose, and renews automatically at each due date until you cancel.

It renews at the amount you subscribed at, and that amount stays yours: a later rise in the public price list does not apply to it as long as you do not change plan.

A credit pack has no duration and no renewal.

10. Reminder before a yearly subscription renews

For a subscription taken out for one year, the publisher tells you by email, at the earliest three months and at the latest one month before the end of the term, that you may choose not to renew it (article L215-1 of the French Consumer Code).

If that notice does not reach you in time, you can cancel the subscription free of charge at any time from the renewal date. Amounts charged after that date are then refunded to you, less those covering the period actually used up to the cancellation.

11. Changing plan

You can change plan at any time: add or remove horses, take or drop the AI option.

An increase takes effect immediately. Only the price difference for the period already paid is charged to you, pro rata for the time remaining; the full amount applies from the next due date. When that difference is negligible, you are not charged for it at all.

A decrease takes effect at the next due date, with no refund: the access you have already paid for stays open until then.

A change that raises one axis and lowers the other follows both rules: the rise now, the reduction at the due date. You can also ask for the whole change to be held until the due date — you then pay nothing now, and nothing changes before then.

The new amount becomes the one for your later renewals, and replaces the fixed amount of your previous subscription.

12. Right of withdrawal

You have fourteen days from the conclusion of the contract to withdraw, without giving a reason and without penalty (article L221-18 of the French Consumer Code).

To exercise it, send an unambiguous statement to contact@horseperformancetracker.com before the end of the period. You may use the model form reproduced in the annex, but you do not have to.

What withdrawal opens depends on the product and on the box you ticked:

• credit pack, waiver ticked: the credits having been delivered to you immediately, your right is exhausted as soon as they are delivered (article L221-28 13° of the French Consumer Code). Withdrawal is no longer possible on that purchase;
• credit pack, waiver not ticked: you are refunded in full, and the credits are taken back;
• subscription, whether you waived or not: your right remains, since a subscription is never fully performed on day one. As you asked for immediate performance, the part of the period already elapsed remains payable (article L221-25); the remaining part is refunded to you and paid access ends.

The refund is made at the latest fourteen days after your request reaches the publisher, using the same payment method as the order, at no cost to you.

13. Cancelling your subscription

You can cancel at any time, without giving a reason, from your account on the website as well as from the app. Cancelling asks for one confirmation, because it cannot be undone — never more than that.

It ends the renewal: nothing more is charged to you. The subscription runs to its term, you keep access until the end of the period already paid for, and that period is not refunded.

A credit pack cannot be cancelled: it is acquired once and for all.

Deleting your account is a separate step, described in the terms of use, as is the suspension or closure of an account by the publisher. If the publisher ends your subscription for a reason that is not attributable to you, the part of the paid period you did not use is refunded to you.

14. Legal guarantee

The legal guarantee of conformity for digital content and services, which you have as a consumer, is set out in the terms of use. Nothing in these terms limits it or sets it aside.

No clause of these terms deprives you of the rights the law gives you.

15. Complaints and mediation

If something goes wrong, write to contact@horseperformancetracker.com first. The publisher replies within a reasonable time, and most situations are settled there.

If the reply does not satisfy you, or if the publisher has not replied within one month, you can use a consumer mediator free of charge to settle the dispute amicably (article L612-1 of the French Consumer Code). Two conditions: you must first have tried to settle it directly with the publisher through a written complaint, and you must contact the mediator within one year of that complaint.

The competent mediator is Société Médiation Professionnelle, on the list of consumer mediators drawn up by the French commission for the evaluation and monitoring of consumer mediation (article L615-1 of the French Consumer Code): Alteritae, 5 rue Salvaing, 12000 Rodez, France — www.mediateur-consommation-smp.fr.

Mediation is optional and does not prevent you from going to court.

16. Changes to these terms

The publisher may change these terms, in particular to follow a change in the plans offered or in the law. The version that applies to an order stays the one you accepted when placing it; the date the published version came into force is at the top of this page.

For a running subscription, any substantial change is announced to you before it takes effect, by email or in the service. If you do not accept it, you can cancel.

17. Governing law

These terms are governed by French law.

If you are a consumer living in another European Union member state, you keep the benefit of the mandatory provisions of the law of your country of residence (Rome I Regulation, article 6).

In the event of a dispute, the complaint and mediation described above stay open; failing an agreement, the competent courts are those designated by the ordinary rules of jurisdiction.